ELR Citation: ELR 20143
No(s). 05-1085 (10th Cir. Jul 21, 2006)

The court holds that the Administrative Procedure Act (APA) does not waive sovereign immunity for individuals who claim no adverse interest in the land at issue to challenge the Bureau of Land Management's (BLM's) issuance of a mining patent to a company under the 1872 Mining Law. Despite the presumption of reviewability under the APA, it is fairly discernible that Congress, when it enacted the 1872 Mining Law, intended to preclude judicial review to third parties claiming no property interest in the patented land. To date, Congress has not chosen to change this approach. As such, the landowners have no federal right-of-action against BLM.